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National Monuments (Amendment) Act 2004

Injury to national monuments, etc.

5.—The Principal Act is amended by substituting the following sections for section 14:

“Prohibition of injury to national monuments, etc.

14.—(1) In respect of a national monument of which the Minister or a local authority are the owners or the guardians or in respect of which a preservation order is in force, it shall not be lawful for any person to do any of the following things in relation to such national monument:

(a) to demolish or remove it wholly or in part or to disfigure, deface, alter, or in any manner injure or interfere with it, or

(b) to excavate, dig, plough or otherwise disturb the ground within, around, or in proximity to it, or

(c) to renovate or restore it, or

(d) to sell it or any part of it for exportation or to export it or any part of it,

without the consent referred to in subsection (2) of this section or otherwise than in accordance with such consent.

(2) (a) In respect of a national monument to which subsection (1) relates and at the discretion of the Minister, the Minister may grant consent in writing to the doing to such monument of one or more of the matters specified in paragraphs (a) to (d) of subsection (1) of this section (in this subsection referred to as the ‘carrying out of works’).

(b)  (i) The Minister shall consult in writing with the Director of the National Museum of Ireland before granting a consent under paragraph (a) of this subsection.

 (ii) The period for consultation under subparagraph (i) of this paragraph shall be not more than 14 days from the day the consultative process was commenced by the Minister or such other period as may, in any particular case, be agreed to between the Minister and the Director of the National Museum of Ireland.

(c) A consent granted under paragraph (a) of this subsection to the carrying out of works shall be subject to such conditions and restrictions as the Minister may determine and specify in the consent.

(d) The Minister in exercising discretion under paragraph (a) of this subsection is not restricted to archaeological considerations but is entitled to consider the public interest in allowing the carrying out of works notwithstanding that such works may involve—

(i) injury to or interference with the national monument concerned, or

(ii) the destruction in whole or in part of the national monument concerned.

(3) Without prejudice to the generality of subsection (2) of this section, the Minister in exercising discretion under that subsection in respect of a national monument may have regard to the following to the extent that they appear to the Minister to be relevant in exercising discretion in any particular case:

(a) the preservation, protection or maintenance of the archaeological, architectural, historical or other cultural heritage or amenities of, or associated with, the national monument;

(b) the nature and extent of any injury or interference with the national monument;

(c) any environmental, cultural, social, recreational or economic benefit that would accrue to the State or area in which the national monument is situate as a result of the carrying out of works;

(d) any matter of policy of the Government, of the Minister or of any other Minister of the Government;

(e) the need to collect or disseminate information on national monuments or in respect of heritage generally;

(f) the cost implications (if any) that would, in the Minister's opinion, occur from either granting or not granting a consent under subsection (2)(a) of this section.

(4) Where the Minister has granted a consent to a person under this section, then—

(a) any further consent under any other provision of the National Monuments Acts 1930 to 2004, or

(b) a licence under any provision of the National Monuments Acts 1930 to 2004, other than a licence under section 25 (as amended by the National Monuments (Amendment) Act 1994 ) of this Act,

is not required to be held or obtained by such person or by any person acting as the first-mentioned person's employee, agent or servant in respect of any act or thing done in accordance with the consent and the conditions and requirements (if any) attached to the consent so granted.

(5) A person who contravenes subsection (1) of this section is guilty of an offence and is liable—

(a) on summary conviction, to a fine not exceeding €3,000 or, at the discretion of the Court, to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding €10,000,000 or, at the discretion of the Court, to imprisonment for a term not exceeding 5 years or to both.

(6) (a) Where a person is convicted of an offence under this section the Court by whom the person is so convicted may, at the time of such conviction and in addition to any penalty imposed under this section, order such person—

(i) to pay to the Minister, where—

(I) the Minister is the owner or the guardian of the national monument in respect of which the offence was committed, or

(II) a preservation order is in force in respect of such monument,

or

(ii) to pay to a local authority, where the local authority are the owners or guardians of the national monument in respect of which the offence was committed,

such sum as the Court shall fix as the reasonable cost of repairing the damage done to such monument by the commission of the offence.

(b) The sum referred to in paragraph (a) of this subsection shall be recoverable by the Minister or such local authority (as the case may be) as if such sum were a civil debt and such order were a judgment of the Court for the payment of a civil debt, and every such sum when recovered by the Minister or such local authority shall be applied by the Minister or the local authority (as the case may be) in repairing the damage referred to in the said paragraph (a).

(7) Nothing in this section shall operate—

(a) to authorise the doing of any act in relation to a national monument not owned by the Minister or a local authority which, if this section had not been enacted, could not lawfully be done without the consent of the person or all the persons for the time being seised or possessed of such monument, or

(b) to deprive any person, who is so seised or possessed of such monument, of any legal remedy which, if this section had not been enacted, that person would have had in respect of the doing of such act without that person's consent.

Supplementary provisions to section 14 and road development.

14A.—(1) The consent of the Minister under section 14 of this Act and any further consent or licence under any other provision of the National Monuments Acts 1930 to 2004 shall not be required where the works involved are connected with an approved road development.

(2) Any works of an archaeological nature that are carried out in respect of an approved road development shall be carried out in accordance with the directions of the Minister, which directions shall be issued following consultation by the Minister with the Director of the National Museum of Ireland.

(3) Subsection (4) applies where, in respect of a national monument—

(a) it is discovered during the carrying out of a road development to which subsection (1) of this section applies, and

(b) neither the approval under section 51 of the Roads Act 1993 nor the environmental impact statement to which the approval relates deal with it.

(4) Where a national monument has been discovered to which subsection (3) of this section relates, then—

(a) the road authority carrying out the road development shall report the discovery to the Minister,

(b) subject to subsection (7) of this section, and pending any directions by the Minister under paragraph (d) of this subsection, no works which would interfere with the monument shall be carried out, except works urgently required to secure its preservation carried out in accordance with such measures as may be specified by the Minister,

(c) the consent of the Minister under section 14 of this Act and—

(i) any further consent under any other provision of the National Monuments Acts 1930 to 2004, or

(ii) a licence under any provision of the National Monuments Acts 1930 to 2004 other than a licence under section 25 (as amended by the National Monuments (Amendment) Act 1994 ),

is not required,

(d) the Minister may, at his discretion, issue directions to the road authority concerned for the doing to such monument of one or more of the following matters:

(i) preserve it;

(ii) renovate or restore it;

(iii) excavate, dig, plough or otherwise disturb the ground within, around, or in proximity to it;

(iv) make a record of it;

(v) demolish or remove it wholly or in part or to disfigure, deface, alter, or in any manner injure or interfere with it,

and the road authority shall, except where section 14B(8)(a)(iii) of this Act applies, comply with such directions.

(5) (a) The Minister shall consult in writing with the Director of the National Museum of Ireland before issuing directions under subsection (4)(d) of this section.

(b) The period for consultation under paragraph (a) of this subsection shall not be more than 14 days from the day the consultative process was commenced by the Minister or such other period as may, in any particular case, be agreed to between the Minister and the Director of the National Museum of Ireland.

(6) In exercising discretion under subsection (4)(d) of this section—

(a) the Minister is not restricted to archaeological considerations but is entitled to consider the public interest notwithstanding that such exercise may involve—

(i) injury to or interference with the national monument concerned, or

(ii) the destruction in whole or in part of the national monument concerned,

(b) the Minister may have regard to the following to the extent that they appear to the Minister to be relevant in exercising discretion in any particular case:

(i) the preservation, protection or maintenance of the archaeological, architectural, historical or other cultural heritage or amenities of, or associated with the national monument;

(ii) the nature and extent of any injury or interference with the national monument;

(iii) any social or economic benefit that would accrue to the State or region or immediate area in which the national monument is situate as a result of the carrying out of the road development;

(iv) any matter of policy of the Government, of the Minister or of any other Minister of the Government;

(v) the need to collect or disseminate information on national monuments or in respect of heritage generally;

(vi) the cost implications (if any) that would, in the Minister's opinion, occur from the issuing of a direction, or not issuing a direction, under subsection (4)(d) of this section.

(7) Where the Minister considers it expedient to do so in the interests of public health or safety the Minister may issue such directions without having regard to or having considered matters which, if it were not expedient to do so in the interests of public health or safety, the Minister would have regard to or have considered.

(8) In this section—

‘approved road development’ means a road development approved under either or both sections 49 and 51 of the Roads Act 1993 ;

‘road development’ has the same meaning as it has in the Roads Act 1993 .

Ministerial direction under section 14A and function of An Bord Pleanála.

14B.—(1) Where the Minister has issued directions to a road authority under section 14A(4)(d) of this Act, the road authority shall inform An Bord Pleanála (in this section referred to as the ‘Board’) of those directions and of any change to the approved road development, which it is satisfied is necessitated by the Minister's directions.

(2) As soon as practicable after the road authority has informed the Board of those directions the Board shall determine whether as a consequence of those directions there is a material alteration—

(a) to the approved road development, or

(b) any modification to which the approval under either or both sections 49 and 51 of the Roads Act 1993 is subject.

(3) Where the Board determines that as a consequence of the directions of the Minister—

(a) no material alteration arises to the approved road development, it shall so advise the road authority concerned,

(b) a material alteration arises to the approved road development concerned, it shall—

(i) determine whether or not—

(I) to modify the approval concerned or any modification to which that approval is subject,

(II) to add any modification to the approval,

for the purposes of permitting any changes to the route or design of the approved road development, and

(ii) determine whether or not the material alteration is likely to have significant adverse effects on the environment,

and in exercising its functions under this subsection the Board shall confine itself to considering the directions of the Minister and any proposed change to the approved road development. Nothing in this section shall be construed so as to put in question any part of the scheme duly approved under section 49 of the Roads Act 1993 , or of the road development duly approved under section 51 of that Act, and to which the directions of the Minister do not relate.

(4) Where the Board, having regard to all legal requirements, makes a determination that the material alteration is not likely to have significant adverse effects on the environment, then the Board shall so advise the road authority concerned and the Board shall give its approval subject to the modifications and additions (if any) determined in accordance with subsection (3)(b)(i).

(5) (a) Where the Board makes a determination that a material alteration is likely to have significant adverse effects on the environment, then the Board shall require an environmental impact statement to be prepared by the road authority in relation to the change to the approved road development concerned.

(b) In making its determination under this subsection the Board shall have regard to the criteria set out in Schedule 7 to the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ), the text of which is for convenience of reference set out in Schedule 1 to the National Monuments (Amendment) Act 2004.

(6) An environmental impact statement required under subsection (5)(a) of this section shall contain—

(a) the information specified in paragraph 1 of Schedule 6 to the Planning and Development Regulations 2001,

(b) the information specified in paragraph 2 to the said Schedule 6 to the extent that—

(i) such information is relevant to—

(I) the given stage of the consent procedure and to the specific characteristics of the development or type of development concerned, and

(II) the environmental features likely to be affected,

and

(ii) the person or persons preparing the statement may reasonably be required to compile it having regard to current knowledge and methods of assessment,

and

(c) a summary, in non-technical language, of the information required under paragraphs (a) and (b) of this subsection,

and, for convenience of reference, the text of the said Schedule 6 is set out in Schedule 2 to the National Monuments (Amendment) Act 2004.

(7) When a road authority has prepared the environmental impact statement required under subsection (5)(a) of this section, it shall as soon as may be—

(a) submit a copy of the statement to the Board, together with either—

(i) a copy of the published notice referred to in paragraph (c) of this subsection, or

(ii) a copy of the notice proposed to be published in accordance with paragraph (c) of this subsection together with details of its proposed publication and date,

(b) publish a notice, in the prescribed form, in one or more newspapers circulating in the area in which the proposed road development would be or is taking place—

(i) stating that the road authority has submitted an environmental impact statement to An Bord Pleanála of the proposed change to the approved road development,

(ii) indicating the times at which, the period (which shall not be less than one month) during which and the place where a copy of the environmental impact statement may be inspected,

(iii) stating that a copy of the environmental impact statement may be purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy), and

(iv) stating that submissions may be made in writing to An Bord Pleanála before a specified date (which date shall not be less than 28 days after the notice was first published) in relation to the likely effects on the environment of the proposed change to the approved road development,

(c) send a copy of the environmental impact statement together with a notice in the prescribed form to any prescribed body or person stating that—

(i) the road authority has submitted the statement to An Bord Pleanála in relation to the likely effects on the environment of the proposed change to the approved road development,

(ii) before a specified date (which date shall be the same as provided or proposed to be provided for by the notice under paragraph (b) of this subsection) submissions may be made in writing to An Bord Pleanála in relation to the likely effects on the environment of the proposed change to the approved road development,

(d) send a copy of the environmental impact statement, together with a notice in the prescribed form, to any other state to which subsection (8)(c)(ii) of this section relates where, in the road authority's opinion the proposed change to the approved road development is likely to have significant effect on the environment in that state, together with a notice (in the prescribed form, if any) stating that—

(i) the road authority has submitted the statement to An Bord Pleanála in relation to the likely effects on the environment of the proposed change to the approved road development,

(ii) before a specified date (which date shall be the same as provided or proposed to be provided for by the notice under paragraph (b) of this subsection) submissions may be made in writing to An Bord Pleanála in relation to the likely effects on the environment in that state of the proposed change to the approved road development,

and the Board may, at its discretion and from time to time, extend any time limits provided for by this subsection.

(8) (a) Where an environmental impact statement has been submitted under subsection (7)(a) of this section, the Board may—

(i) confirm the approved road development concerned, as affected by the Minister's directions,

(ii) approve, with or without modifications, the change to the approved road development, or

(iii) refuse to confirm the approved road development concerned, as affected by the Minister's directions.

(b) In exercising its functions under this subsection the Board shall confine itself to considering the proposed change to the approved road development. Nothing in this section shall be construed so as to put in question any part of the scheme duly approved under section 49 of the Roads Act 1993 , or of the road development duly approved under section 51 of that Act, and to which the directions of the Minister do not relate.

(c) In exercising its functions under paragraph (a) of this subsection, the Board shall to the extent that they appear to the Board to be relevant, have regard to the following:

(i) the environmental impact statement submitted pursuant to subsection (7)(a) of this section, any information furnished pursuant to subsection (9)(b) of this section and any submissions made in relation to the likely effects on the environment of any proposed change to the approved road development,

(ii) where any change is likely to have significant adverse effects on the environment in—

(I) another Member State of the European Communities, or

(II) a state which is a party to the United Nations Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo (Finland) on 25 February 1991,

the views of such Member State or party,

(iii) the development plan or plans, made under section 9 of the Planning and Development Act 2000 , for the area in which the approved road development is taking place,

(iv) any social or economic benefit that would accrue to the State or region or immediate area in which the national monument is situate as a result of the carrying out of the approved road development,

(v) any matter of policy of the Government, of the Minister, or of any other Minister of the Government,

(vi) the cost implications (if any) that would, in the Board's opinion, occur from issuing or not issuing the directions under section 14A(4)(d) of this Act,

(vii) commitments entered into and the stage at which the approved road development has progressed under the original approval.

(d) The Board shall not exercise its functions under paragraph (a) of this subsection until at least 28 days have elapsed since the notice required to be published under subsection (7)(b) of this section was first published.

(9) Where—

(a) the Board has been informed by a road authority of directions under subsection (1) of this section, or

(b) an environmental impact statement has been submitted to the Board by a road authority under subsection (7)(a) of this section,

then the Board may require the road authority to furnish it with specified additional information that it considers it necessary to have for the purposes of exercising its functions under subsection (3) or (5)(a) of this section, as the case may be, and the road authority shall comply with any such requirement.

(10) Where the Board has made a decision to which subsection (8)(a) relates it shall—

(a) publish in one or more newspapers circulating in the area in which the proposed change to the approved road development would take place notice of its decision,

(b) inform any state to which an environmental impact statement was sent under subsection (7)(d) of this section of its decision,

including, where appropriate, particulars of any modifications by it to the proposed change to the approved road development.

(11) (a) The Minister may make regulations for prescribing any matter referred to in this section as prescribed or to be prescribed.

(b) Regulations under this section may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary or expedient.

(c) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(12) In this section—

‘approved road development’ means a road development approved under either or both sections 49 and 51 of the Roads Act 1993 ;

‘Board’ has the meaning assigned by subsection (1) of this section;

‘road development’ has the same meaning as it has in the Roads Act 1993 .

Grant of consent in interests of public health or safety.

14C.—(1) Where the Minister considers it expedient to do so in the interests of public health or safety and upon being requested to grant consent under section 14 of this Act, the Minister may grant consent under subsection (2)(a) of that section without having regard to or considered matters which, if it were not expedient to so do in the interests of public health or safety, the Minister would have had regard to or considered. Any consent to the carrying out of works to which this section relates shall be subject to such conditions and restrictions as the Minister may determine and specify under section 14(2)(c) of this Act.

(2) Where the Minister has granted a consent to a person to whom this section relates, then—

(a) any further consent under any other provision of the National Monuments Acts 1930 to 2004, or

(b) a licence under any provision of the National Monuments Acts 1930 to 2004, other than a licence under section 25 (as amended by the National Monuments (Amendment) Act 1994 ) of this Act,

is not required to be held or obtained by such person or by any person acting as the first-mentioned person's employee, agent or servant in respect of any act or thing done in accordance with the consent and the conditions and requirements (if any) attached to the consent so granted.”.